CHAPTER 33-6
APPEALS

33-6-1 Appeals.

Appeals may be filed with the Tribal Council or other official as designated in the residential leasing procedures. Such appeals shall be initiated by: a written notice setting forth the basis for the appeal, a short statement indicating the nature and circumstances of the appeal, and a short statement indicating the remedy being sought. An appeal must be filed within ten (10) business days of a final determination made pursuant to this title.

If a party appeals a decision under this law to the Tribal Council or other official as designated in the residential leasing procedures, the Nation Housing Department may determine that the appealing party must post a bond with the Nation in an amount that reflects a reasonable estimate of any damage to the Nation from deferring action pending the appeal. The Nation will not require an appeal bond for an appeal of a decision on a leasehold mortgage or if the Nation is a party to the appeal and requests a waiver of the appeal bond. The appellant may not appeal an appeal bond decision by the Nation Housing Department. The appellant may, however, request that the Nation Housing Department reconsider the bond decision based on extraordinary circumstances. Any reconsideration decision is final.

(Enacted by PBP TC No. 2023-222, August 10, 2023)

33-6-2 Scope of Review.

The Tribal Council or other official as designated in the residential leasing procedures shall review whether the determination was arbitrary, capricious, or an abuse of discretion; not supported by substantial evidence in the record; or otherwise not in accordance with the law. The decision of the Tribal Council or aforementioned other official shall be final.

(Enacted by PBP TC No. 2023-222, August 10, 2023)